
A student perturbed by a display of the Ten Commandments at Narrows High School should not be allowed to sue under a veil of secrecy, attorneys for the Giles County School Board say.
"The people have a right to know who is using their courts," lawyers for Liberty Counsel, which represents the school board, wrote in the brief. "Consequently, the use of fictitious names is disfavored and should not be granted automatically."
The student and parent identified themselves only as Doe 1 and Doe 2 when they filed a lawsuit last month asserting that the Ten Commandments display violates the constitutional separation of church and state. The lawsuit, filed in U.S. District Court in Roanoke, asks a judge to order the commandments taken down.
Lawyers for the American Civil Liberties Union and the Freedom From Religion Foundation, which are representing the student and parent, are seeking a protective order that would keep their identities a secret - even to members of the school board. The request cites comments and emails mostly directed at the two legal groups.
"Keep up the good work, you'll have a special place in hell," one email says. Another suggests that non-Christians leave the county "before things get ugly over there." Taken as a whole, the comments show a communitywide animus from which the plaintiffs should be protected, the ACLU contends.
A judge is expected to rule on the anonymity before taking up the larger question of whether the Ten Commandments — posted in a high school hallway as part of a display of historical documents — amount to a governmental endorsement of religion, which the First Amendment prohibits.
While the plaintiffs have not been subjected to any hostility, that's only because no one knows who they are, said Rebecca Glenberg, an attorney with the ACLU. "So far, most of the invective has been directed at the American Civil Liberties Union and the Freedom From Religion Foundation," Glenberg said. "But it seems clear that if the plaintiffs' identities become known, they will become the targets of that ill will."
Should a protective order be granted, Liberty Counsel said, it should be crafted to allow school officials to learn the plaintiffs' identities so they can better defend themselves. The school board is also asking that the student and parent be required to testify in open court, possibly with the public being excluded from the hearing.
The next time Matt Staver is trying to keep Christianist identities secret, I hope someone will quote his comments in this case. Meanwhile, even as beautiful as the southwest part of the state may be, it's a region I intend to avoid like the plague. Those desiring to share their thoughts with the Giles County school board can do so here: mdolinger@gilescounty.org. The county administration can be contacted here: cmcklarney@gilescounty.org
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